Strathcona County smokers can continue to hold the status quo — at least for now.

A heavy debate on May 8 saw council pass first reading of a draft Smoking Bylaw in a tight 5-4 decision, as supporters pointing to public health and detractors alleged rights restrictions.

Then, though, the issue was pushed to a later date so that council can see what regulations come through the provincial Bill 26 smoking regulations.

The proposal for a new Smoking Bylaw in Strathcona County was first made by Ward 8 Coun. Katie Berghofer, who said the intention of the bylaw is the “protection of youth.”

Included within the bylaw would be an extension of mandatory minimum limits from doors, windows and air vents to 10 metres, and no smoking anywhere in Strathcona County’s six largest parks — including Broadmoor Lake Park and Centennial Park.

The 10-metre buffer zone (32.7 feet) would also apply to areas where children congregate, such as playgrounds and spray parks.

Enforcement Services manager Jim Peebles admitted the 10-metre rule could be difficult to enforce, and when pushed on the topic by council, said: “Our officers are equipped with measuring tapes, and depending on the situation, we would measure.”

Fines for first offences would stand at $250, doubling each subsequent offence within a calendar year; however, officers could also dole out fines reaching $5,000 on a discretionary basis.

“The meaning behind this is, again, for us to step up and be leaders,” Berghofer said.

She received support in the motion from Coun. Paul Smith, a former smoker who said he recognizes how difficult it is for residents to quit smoking — “I was not a very nice person when I was trying to quit” — but added he believes the bylaw is needed.

Support was seen, too, from Mayor Rod Frank, who said he sees it as “a health issue.”

“I don’t think we’re legislating morality at all — we’re looking at this from a health and nuisance perspective,” Frank said. “We’re not denying people the right to use the product, we’re just limiting where they’re going to use it for the sake of other people.”

Also voting in approval of the bylaw on first reading were councillors Linton Delainey — “If we don’t stand up now, we’re going to be a follower; and I don’t want to be a follower” — and Coun. Glen Lawrence, who said he remembers when Strathcona County banned smoking in restaurants and bars, recalling that “the sky didn’t fall.”

“I think we should move forward as fast and as strong as we can, to teach youth not to smoke,” Lawrence added. “I do feel for smokers, I have friends who are smokers, and it’s not a good thing — they know it too.”

However, opposition to the bylaw saw far different perspectives, mainly encompassing concerns over infringing on residents’ rights.

“I think it is far too prescriptive. I think it leads us down a number of rabbit holes,” Coun. Dave Anderson said. “Smoking, on the whole, is on the downtrend. Childhood obesity has tripled over the past 25 years. Why don’t we ban sugar next? And ban soda pop? If we’re going to ban cigarette smoke, then let’s ban the sale of cigarettes in our community.”

Anderson added concerns that the bylaw would be “extremely difficult to enforce.”

Noting he is not a smoker, Coun. Bill Tonita took on a similar tone, voicing concerns of discrimination against smokers: “A what point do our rights supersede the rights of other people?”

“As one person wrote to me today, and said: If we were to take the word ‘smoker’ or ‘smoking’ away in the bylaw, and replace it with words like ‘person of colour’ or ‘leper,’ for example, how would we view the bylaw then? Would we say that it’s OK to discriminate against people for colour of skin? Diseases like leprosy? We got away from that a long time ago. So I’m struggling with it.”

Coun. Brian Botterill, who also voiced concerns of segregating smokers from the rest of society, took on a legislative stand for inclusions such as banning smoking in parking lots, unless smokers are in their vehicles. That portion of the bylaw was removed following Botterill’s points being made.

An example he provided hinged on officers being able to criminally charge anybody with a blood alcohol limit above 0.05 with impaired driving, regardless of whether the vehicle is turned on. Botterill then added: “I wouldn’t like to see us to say the escape clause if you feel like having a smoke outside a bar, is to go into your car. That’s potentially forcing people to commit a criminal act to smoke a legal product”

Final opposition to the motion came from Coun. Robert Parks, who said the bylaw creates a solution to a problem that doesn’t exist.

“I don’t think we have a problem of people smoking in public. And I think we’ve got this great solution here, but we don’t have a problem that matches it,” he said, adding: “I don’t think it’s data driven, I think it’s emotionally driven.”

That was supported by comments from Peebles, who acknowledged there are “very limited” complaints with respect to smoking in Strathcona County.

Debate will return to council following the province’s approval of Bill 26 for second and third readings.